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  • By: Richard Hobbs, Esq.
Person with arm in blue cast standing near a damaged carโ€”debunking car accident claim myths in Georgia.

Car accidents are among the most common ways to get injured in Georgia, and when that accident was not your fault, chances are you will be able to bring a personal injury claim against those who were. These claims, however, are not well understood, and this article will help clear up some of the most common myths and misconceptions, including:

  • Whether or not you need to go to court to get personal injury compensation.
  • Why insurers cannot always be trusted to fairly handle your claim.
  • The impact of less severe injuries, partial fault, and guilt on personal injury claims.

ย Myth #1: You Need To Go To Court To Receive A Fair Car Accident Settlement

This is mostly incorrect; you rarely have to go to court to get a fair and reasonable settlement.

In Georgia, over the years, insurance companies have come to learn that trying cases can be costly for them. Because of the strength and perseverance of the plaintiffโ€™s lawyers, insurance companies now frequently offer more money to keep us from going to court. As a result, fewer than 5% of cases are ever required to have a lawsuit filed, much less go to court.

Myth # 2: Insurance Company Payout Offers Are Always Fair

Unfortunately, most offers (and almost all initial offers) are not fair or sufficient. Typically, insurance companies will try to lowball you and give you as little of their money as possible. They do this because they know that most people do not know their rights, have no idea of the true value of their case, and are not mentally prepared to fight for a fair amount.

Lowballing is especially common when accident victims settle without an attorneyโ€™s guidance. Insurance companies hate when they get a call from a lawyer, especially if they are close to getting you to sign. We know the tactics insurance companies use, and weโ€™ll know what your case is worth.

Myth #3: Insurance Adjusters Are Looking Out For My Best Interests

It is a myth that insurance adjusters have your best interests in mind as an accident victim. They are not interested in your rights or in seeing justice served; unfortunately, they are primarily interested in helping their company hold on to as much money as possible.

This is why getting the help of a skilled attorney to determine the value of your case and fight hard for what is fair is so crucial.

Myth # 4: I Cannot File A Car Accident Claim Unless My Injuries Are Severe.

This is not true. The severity of your injuries and your medical costs will factor into which courts you are permitted to file in. If they are not severe enough, then they will be handled by a small claims court, where you do not even need an attorney to represent you.

The limit for small claims courts in Georgia is $15,000, but if your medical bills are only $1,000, $15,000 is more than enough. If your injuries are not severe, you can certainly file a small claim to get the money you need and deserve.

Myth #5: My Georgia Claim Will Be Denied If I Was Partially At Fault For The Car Accident

That is true in some states, but not in Georgia. In Georgia, if you are less than 50% at fault for the accident, then you can bring your claim against the people who were 51% or more liable for the accident.

Such a standard does have some consequences, though, as your total awarded compensation will be reduced by the % of fault you bear for the accident.

Myth #6: My Insurance Rates Will Go Up If I Make A Claim

This is a common misconception, but it is illegal for an insurance company to raise rates because you have filed a claim. Many clients feel guilty about filing a claim; they may have been taught that when you get knocked down, you have to pick yourself up, brush yourself off, and move on without complaint.

That might work fine for skinning your knee, but when it is applied to a serious car accident injury that you were not to blame for, it is an unreasonable approach.

You have the right to enjoy the benefits of the premiums that you have been paying year after year. Do not let the insurance companies blackmail you by making you feel guilty just for asking for what is yours by right.

More questions about personal injury claims in Georgia? Call our office!

For more information on Car Accident Personal Injury Claims Georgia, an initial consultation is the best first step. Get the information and legal answers you are seeking by calling (770) 716-0200 today.

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